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Judicial Pensions and Retirement Act 1993 in England

1993 c. 8 · Enacted 29 March 1993 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2022.

See the changes not yet applied
ProvisionChangeMade by
Sch. 5words repealedCare Standards Act 2000 Sch. 6
Sch. 6 para. 55repealedCare Standards Act 2000 Sch. 6
Sch. 7 para. 5(5)(xxxi)repealedCare Standards Act 2000 Sch. 6
Sch. 1 Pt. 2entry insertedCoroners and Justice Act 2009 Sch. 21 para. 31
Sch. 1 Pt. 1words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(2)(a)
Sch. 1 Pt. 2words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(2)(b)
Sch. 5words substitutedSenior Courts (Transfer, Amendment and Consequential Provision) 2026 Sch. 1 para. 17(3)

An Act to make further provision with respect to the pensions and other benefits payable in respect of service in certain judicial, and related, offices and in certain senior public investigative offices; to amend the law relating to the date on which the holders of certain judicial, and related, offices are required to vacate those offices; and for purposes connected therewith.

[29th March 1993]

C1E1C2C3C4C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Power to amend Act conferred (31.3.1995) by S.I. 1986/1888 (N.I. 18), art.18(3)(l) (as added (31.3.1995) by 1993 c. 8, s. 31, Sch. 8 para. 19(2); S.I. 1995/631, art. 2)

Power to amend Act conferred (9.11.1998) by 1998 c. 42, s. 18(6), Sch. 4 paras. 3, 4 (with ss. 7(8), 22(5))

Power to modify Act conferred (7.2.1994) by 1993 c. 48, ss. 188-190, 191, Sch. 6 Pt. II para. 17(2)(3)(j), Sch. 9 para. 7; S.I. 1994/86, art. 2

C2

Power to modify Act conferred (N.I.) (7.2.1994) by 1993 c. 49, ss. 182, 183, 184, Sch. 5 Pt. II para. 17(2)(3)(l) (with Sch. 8 para. 8(3)); S.R. 1994/17

Act modified (27.9.1999) by 1999 c. 22, ss. 68(3)(b), 108(3) (with s. 107, Sch. 14 para. 7(2))

Power to amend Act conferred (11.11.1999) by 1999 c. 30, ss. 43, 89(5)

Act: power to amend conferred (1.9.2001) by 2001 c. 17, s. 1(3), Sch. 1 para. 7(5)(b) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C3

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(1) (with reg. 2(3))

C4

Act modified (19.12.2003) by The Judicial Pensions (Election against Benefits) Regulations 2003 (S.I. 2003/2916), reg. 2(2) (with reg. 2(3))

C5

Act modified (9.2.2005) by The Enterprise Act 2002 (Judicial Pensions and Retirement Act 1993) (Consequential Amendment) Order 2005 (S.I. 2005/53), art. 2(2)

Extent

E1

Act extends to U.K. but for exceptions see s. 31(5)-(7)

Contents

  1. Part I: New Arrangements for Judicial Pensions
  2. Application of Part I
  3. 1Persons to whom this Part applies.
  4. Pensions for judicial officers
  5. 2The judicial officer’s entitlement to a pension.
  6. 3The appropriate annual rate.
  7. Derivative benefits
  8. 4Lump sum on the judicial officer’s retirement or death.
  9. 5Surviving spouse’s and surviving civil partner's pension.
  10. 6Grant and payment of a children’s pension.
  11. 7Children’s pension: meaning of “period of childhood and full-time education”.
  12. 8Rate of children’s pension.
  13. 9Contribution towards cost of surviving spouse’s , surviving civil partner's and children’s pension.
  14. Contributions
  15. 9AContributions towards cost of judicial pension etc
  16. Additional voluntary contributions
  17. 10Additional benefits from voluntary contributions.
  18. Relationship with other pension schemes
  19. 11Provision against pensions under two or more judicial pension schemes.
  20. 12Transfer of rights under judicial pension schemes.
  21. 12ATransfer of rights under other public service pension schemes
  22. 12BRate of pension etc. where rights transferred under section 12 or 12A
  23. 13Election for personal pension instead of judicial pension.
  24. Supplemental provisions
  25. 14Application of this Part to holders of the office of Lord Chancellor.
  26. 15Circuit judges: the Recorder of London and the Common Serjeant.
  27. 16Disregard of abatement of pension under s.65 of the Social Security Act 1973 etc.
  28. 17Effect of certain nullity decrees.
  29. 18Continuity of tax treatment. Repealed
  30. Part 1A: FEE-PAID JUDGES
  31. 18APension scheme for fee-paid judges
  32. Part II: Miscellaneous, General and Supplementary Provisions
  33. Additional benefits in respect of disregarded earnings
  34. 19Benefits in respect of earnings in excess of pension-capped salary.
  35. General provisions connected with the new schemes
  36. 20Appeals.
  37. 21Pensions payable to judicial officers etc. by local authorities in England and Wales.
  38. 22Application of the Pensions (Increase) Act 1971.
  39. 23Transfer of accrued benefits.
  40. 23APension credits
  41. 24Corresponding minor amendments to other enactments.
  42. Pensions for senior public investigative officers
  43. 25The Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.
  44. Retirement date for certain judicial officers etc
  45. 26Retirement date for holders of certain judicial offices etc.
  46. 27Completion of proceedings after retirement.
  47. Miscellaneous and supplementary provisions
  48. 28Payments charged on Consolidated Fund etc.
  49. 28ANorthern Ireland
  50. 29Regulations and orders.
  51. 30Interpretation.
  52. 31Short title, supplementary provisions and extent.
  53. Schedule 1: The offices which may be qualifying judicial offices
  54. Part I: Judges
  55. Paragraph
  56. Part II: Other appointments
  57. Court officers
  58. Paragraph
  59. Members of tribunals
  60. Paragraph
  61. Other offices whose holders are appointed by the Lord Chancellor
  62. Paragraph
  63. Other offices
  64. Paragraph
  65. Schedule 1A: SURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS
  66. Part: The commencement date
  67. 1Paragraph 1
  68. Part: Service wholly before the commencement date
  69. 2Paragraph 2
  70. Part: Service partly before and partly on the commencement date
  71. 3Paragraph 3
  72. Schedule 2: Transfer of accrued benefits
  73. Part I: General
  74. Interpretation
  75. 1Paragraph 1
  76. Regulations
  77. 2Paragraph 2
  78. Other provisions about transfer values
  79. 3Paragraph 3
  80. Part II: Transfers out
  81. Qualifying members
  82. 4Paragraph 4
  83. Qualifying member’s right to a transfer payment
  84. 5Paragraph 5
  85. Method of taking cash benefit
  86. 6Paragraph 6
  87. Calculation of cash equivalents
  88. 7Paragraph 7
  89. Time within which option must be exercised
  90. 8Paragraph 8
  91. Option to be exercised in writing
  92. 9Paragraph 9
  93. Cancellation of exercise of option
  94. 10Paragraph 10
  95. Part III: Transfers in
  96. Application to accept payment into scheme
  97. 11Paragraph 11
  98. Cancellation of request
  99. 12Paragraph 12
  100. Regulations
  101. 13Paragraph 13
  102. Schedule 2A: PENSION CREDITS
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. Schedule 3: Corresponding minor amendments to other pensions enactments
  106. Part I: Amendments of the 1981 Act
  107. Dependent children: maximum allowable remuneration
  108. 1Paragraph 1
  109. Appeals
  110. 2Paragraph 2
  111. Additional voluntary contributions
  112. 3Paragraph 3
  113. Appeals
  114. 4Paragraph 4
  115. Interpretation
  116. 5Paragraph 5
  117. Dependent children: maximum allowable remuneration
  118. 6Paragraph 6
  119. Appeals
  120. 7Paragraph 7
  121. Additional voluntary contributions
  122. 8Paragraph 8
  123. Schedule 4: Pensions for senior public investigative officers
  124. Part I: The Comptroller and Auditor General
  125. 1Paragraph 1
  126. Part II: The Parliamentary Commissioner for Administration
  127. 2Paragraph 2
  128. Part III: The Health Service Commissioners
  129. The Health Service Commissioners for England and for Wales
  130. 3Paragraph 3
  131. 5Paragraph 5
  132. Schedule 5: Retirement provisions: the relevant offices
  133. Paragraph
  134. Schedule 6: Retirement dates for certain judicial offices
  135. The Judicial Committee of the Privy Council
  136. 1Paragraph 1 Repealed
  137. Lords of Appeal
  138. 2Paragraph 2 Repealed
  139. Lords of Appeal in Ordinary and senior judges in Scotland and Northern Ireland
  140. 3Paragraph 3
  141. Judges of the Supreme Court
  142. 4Paragraph 4
  143. Acting and deputy judges
  144. 5Paragraph 5
  145. 6Paragraph 6 Repealed
  146. 7Paragraph 7
  147. Circuit judges
  148. 8Paragraph 8
  149. Recorders, deputy Circuit judges and assistant Recorders
  150. 9Paragraph 9
  151. 10Paragraph 10 Repealed
  152. 11Paragraph 11 Repealed
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. Officers of the Supreme Court
  156. 14Paragraph 14
  157. Deputy and temporary officers of the Supreme Court
  158. 15Paragraph 15 Repealed
  159. Deputy district judges of district registries of the High Court
  160. 16Paragraph 16
  161. District judges and deputy district judges of county courts
  162. 17Paragraph 17
  163. 18Paragraph 18
  164. Stipendiary magistrates in England and Wales
  165. 19Paragraph 19 Repealed
  166. 20Paragraph 20
  167. Social security: Commissioners, and the President and chairmen of appeal tribunals
  168. 21Paragraph 21 Repealed
  169. Social security: Commissioners, and the President and chairmen of appeal tribunals in Northern Ireland
  170. 22Paragraph 22
  171. Child support: Commissioners and chairmen of appeal tribunals
  172. 23Paragraph 23
  173. Chairman of the Foreign Compensation Commission
  174. 25Paragraph 25
  175. Commons Commissioners
  176. 26Paragraph 26 Repealed
  177. President and chairmen of employment tribunals
  178. 27Paragraph 27 Repealed
  179. 29Paragraph 29 Repealed
  180. Members of the Employment Appeal Tribunal
  181. 30Paragraph 30 Repealed
  182. The Lands Tribunal and the Lands Tribunal for Scotland
  183. 31Paragraph 31
  184. 32Paragraph 32
  185. Judge Advocate of Her Majesty’s Fleet
  186. 33Paragraph 33 Repealed
  187. Judge Advocate General and related offices
  188. 34Paragraph 34
  189. Value added tax tribunals
  190. 35Paragraph 35 Repealed
  191. Special, and deputy Special, Commissioners for Income Tax
  192. 36Paragraph 36 Repealed
  193. President or other member of the Immigration Appeal Tribunal
  194. 37Paragraph 37 Repealed
  195. Immigration adjudicators
  196. 38Paragraph 38 Repealed
  197. Pensions Appeal Tribunals
  198. 39Paragraph 39
  199. Mental Health Review Tribunals
  200. 40Paragraph 40
  201. The Financial Services Tribunal
  202. 41Paragraph 41 Repealed
  203. Tribunals and advisory bodies under the Misuse of Drugs Act 1971
  204. 42Paragraph 42
  205. Restrictive Practices Court
  206. 43Paragraph 43 Repealed
  207. Tribunals constituted under section 706 of the Income and Corporation Taxes Act 1988
  208. 44Paragraph 44 Repealed
  209. Arbitrator appointed under the Agricultural Holdings Act 1986
  210. 45Paragraph 45 Repealed
  211. Agricultural Land Tribunals
  212. 46Paragraph 46
  213. The Aircraft and Shipbuilding Industries Arbitration Tribunal
  214. 47Paragraph 47 Repealed
  215. Chairman of a tribunal established by section 29 of the Betting, Gaming and Lotteries Act 1963
  216. 48Paragraph 48
  217. The Copyright Tribunal
  218. 49Paragraph 49
  219. The Data Protection Tribunal
  220. 50Paragraph 50
  221. Independent Schools Tribunals
  222. 51Paragraph 51 Repealed
  223. President of a tribunal constituted under Schedule 3 to the Industry Act 1975
  224. 52Paragraph 52
  225. Tribunal constituted under Schedule 9 to the National Health Service Act 1977
  226. 53Paragraph 53 Repealed
  227. Chairman of the Plant Varieties and Seeds Tribunal
  228. 54Paragraph 54 Repealed
  229. Chairman of a Registered Homes Tribunal
  230. 55Paragraph 55 Repealed
  231. Rent Assessment Committees
  232. 56Paragraph 56
  233. The Transport Tribunal
  234. 57Paragraph 57
  235. Tribunal established under section 9 of the Wireless Telegraphy Act 1949
  236. 58Paragraph 58 Repealed
  237. Wreck commissioner
  238. 59Paragraph 59 Repealed
  239. Chairman of a Reinstatement Committee
  240. 60Paragraph 60
  241. Tribunals constituted for the purposes of section 150(4) of the Mines and Quarries Act 1954
  242. 61Paragraph 61 Repealed
  243. Courts of inquiry under section 52 of the Merchant Shipping Act 1970
  244. 62Paragraph 62 Repealed
  245. Chairman of a tribunal constituted under section 47 of the Building Societies Act 1986
  246. 64Paragraph 64 Repealed
  247. Chairman of a tribunal constituted under section 28 of the Banking Act 1987
  248. 65Paragraph 65 Repealed
  249. Arbitrators appointed under Schedule 10 to the Electricity Act 1989
  250. 66Paragraph 66 Repealed
  251. Chairman of a tribunal constituted under Schedule 3 to the Education (Schools) Act 1992
  252. 67Paragraph 67 Repealed
  253. Chairman of a tribunal constituted under section 59 of the Friendly Societies Act 1992
  254. 68Paragraph 68 Repealed
  255. Schedule 7Retirement dates: transitional provisions
  256. Interpretation
  257. 1Paragraph 1
  258. Salaried offices
  259. 2Paragraph 2 Repealed
  260. Fee-paid offices
  261. 3Paragraph 3 Repealed
  262. Persons holding a relevant office by virtue of a continuation power
  263. 4Paragraph 4 Repealed
  264. Ascertainment of potential retirement date
  265. 5Paragraph 5 Repealed
  266. Schedule 8: Minor and consequential amendments
  267. The Courts-Martial (Appeals) Act 1951
  268. 1Paragraph 1
  269. 2Paragraph 2
  270. 3Paragraph 3
  271. The Foreign Compensation Act 1962
  272. 4Paragraph 4
  273. 5Paragraph 5
  274. The Superannuation Act 1965
  275. 6Paragraph 6
  276. 7Paragraph 7
  277. The Taxes Management Act 1970
  278. 8Paragraph 8
  279. The Immigration Act 1971
  280. 9Paragraph 9
  281. The Administration of Justice Act 1973
  282. 10Paragraph 10
  283. 11Paragraph 11
  284. The Social Security Pensions Act 1975
  285. 12Paragraph 12 Repealed
  286. 14Paragraph 14
  287. The Supreme Court Act 1981
  288. 15Paragraph 15
  289. The Value Added Tax Act 1983
  290. 16Paragraph 16 Repealed
  291. The County Courts Act 1984
  292. 17Paragraph 17
  293. The Social Security Act 1986
  294. 18Paragraph 18 Repealed
  295. The Criminal Justice Act 1988
  296. 20Paragraph 20
  297. The Child Support Act 1991
  298. 21Paragraph 21
  299. The Social Security Administration Act 1992
  300. 23Paragraph 23 Repealed
  301. Schedule 9Repeals and revocations